A metro runner assaulted at a Des Moines bar two years ago has filed a lawsuit against his attacker, the bar, and an Altoona party bus company.
The lawsuit claims the bar and the party bus company could have prevented the attack.
Sixty-three-year-old Forey Jacobson was in a coma and had to undergo several surgeries after the attack at the Court Avenue bar Johnny’s Hall of Fame. A surveillance camera caught video of the fight.
Benjamin Vogel, who pleaded guilty to the assault, was sentenced to five years in prison, but has since been released.
The Des Moines Register reports Vogel got to the bar on a party bus that had been to other area bars before it got to Johnny’s.
The lawsuit alleges both the party bus driver and the bar should have recognized Vogel’s intoxication, which was a leading factor in the assault.
The lawsuit asks that damages be provided to make up for Jacobson’s medical expenses, loss of earnings and for emotional costs of the attack.